Section 61

Question 1

Which licencees can launch infringement proceedings?

Answer 1

Can: exclusive licensee; licence of right (these licences give the right to sue)

Cannot: normal licensee; compulsory licence holder (these licences protect the holder from being sued - but give them no right to sue)

Question 2

What relief is available for infringement?

Answer 2

• Injunction
• Delivery up / destruction
• Damages OR Account of profits
• Declaration of validity and infringement

Question 3

In infringement proceedings before the Comptroller, what relief can be ordered?

Answer 3

YES - Damages

YES - Declaration of infringement

NO - Account of profits

NO - Delivery up / destruction

NO - Injunction

Question 4

Which of these fall under ‘disposal’ or ‘offer to dispose’

• Giving away as a promotion
• Giving away as a sample
• Listing an item on eBay
• Stocking an item in a shop

Answer 4

Giving away as a promotion or as samples is disposal.

Listing / stocking an item may only be an invitation to treat. Not disposal / offer to dispose. Buy one and keep invoice to prove actual disposal.